Sailboat racing is an inherently dangerous sport. By using Regatta RC and participating in any events monitored, displayed, tracked, or scored by the Regatta RC™ Platform, you acknowledge and accept the risks described herein. This Liability Waiver is a binding legal agreement between you and the Released Parties identified below.
If you do not agree with any part of this waiver, you may not use our services or participate in events managed through the Regatta RC™ Platform.
Acknowledgment of Risk
You acknowledge that sailboat racing and related maritime activities involve significant inherent risks that cannot be eliminated regardless of the care taken to avoid them. These risks include, but are not limited to, the forces of nature, acts of God, adverse weather conditions, equipment failure, collision, capsizing, drowning, hypothermia, and other hazards inherent to open-water sailing and racing. You understand that participation in these activities may result in serious personal injury, permanent disability, property damage, or death.
Voluntary Assumption of Risk
You voluntarily assume full and sole responsibility for all risks of personal injury, death, property damage, or loss resulting from your participation in sailboat racing and any related activities, whether or not caused by the negligence or fault of the Released Parties. You accept that the decision to participate is yours alone, and you bear the inescapable and sole responsibility for your own safety, the safety of your crew, and the protection of your vessel and equipment.
Risks include, but are not limited to:
- Drowning, hypothermia, heat exhaustion, and other physical injuries arising from exposure to open water, weather, and maritime conditions
- Collision with other vessels, fixed or floating objects, submerged hazards, or marine life
- Capsizing, swamping, sinking, rigging failure, or structural failure of any vessel or equipment
- Errors or omissions in race management, scoring, handicap calculations, course setting, or signal communications provided by the Platform
- Equipment malfunction, GPS inaccuracy, data transmission delays, software errors, or any technical failure of the Regatta RC™ Platform
- Actions or omissions of other participants, race officials, volunteers, spectators, or third parties
Waiver and Release of Liability
In consideration of being permitted to use the Regatta RC™ Platform and to participate in events managed, monitored, displayed, tracked, or scored through the Platform, you hereby waive, release, discharge, and covenant not to sue the following Released Parties from any and all liability, claims, demands, causes of action, damages, losses, or expenses (including attorneys' fees) arising out of or related to any injury, disability, death, property damage, or loss sustained by you or any third party, whether caused by the negligence or fault of any Released Party or otherwise.
Released Parties include:
- MicroCODE, Inc., its officers, directors, employees, agents, contractors, and volunteers
- The Regatta RC™ product, platform, and all associated software, services, and systems
- Organizations (including Organizing Authorities and Handicapping Authorities), their officers, directors, members, employees, agents, and volunteers
- Yacht Clubs and Sailing Clubs, their officers, directors, members, employees, agents, and volunteers
- Companies, sponsors, and affiliated entities, their officers, directors, members, employees, agents, and volunteers
Scope of Waiver
This waiver applies to any and all injuries, damages, losses, or claims arising from or connected with events monitored, displayed, tracked, or scored by the Regatta RC™ Platform, including but not limited to: on-the-water racing, practice sessions, protests, post-race activities, social events, and any activities conducted under the auspices of organizations, clubs, or companies using the Platform. This waiver extends to all claims whether based on negligence, gross negligence, strict liability, breach of warranty, or any other legal theory.
Indemnification
You agree to indemnify, defend, and hold harmless all Released Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by any third party arising out of or related to your use of the Regatta RC™ Platform, your participation in any events, or your breach of this waiver.
Severability
If any provision of this Liability Waiver is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
Governing Law
This Liability Waiver shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of laws principles. Any disputes arising under this waiver shall be subject to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan.
Contact
If you have questions about this Liability Waiver, please contact us at regatta-rc@mcode.com.